1. Field of the Invention
The present invention relates in general to the field of construction of both residential and commercial structures. More specifically, the present invention relates to the field of recessed windows and problems associated with water from elements such as rain collecting in corners of areas between an exterior wall of a structure and the frame of the recessed window. The present invention further relates to the field of flashing to protect such corners from collecting water.
2. Description of the Prior Art
The construction situation addressed in this patent is as follows. In recessed window construction, an outer wall opening is flush with the exterior wall of the structure. A recessed window frame (into which a window is installed) lies in a plane behind the exterior wall and has a smaller height and width. Lower corners between the exterior wall and the recessed window frame can accumulate water from elements such as rain. Flashing has been created to attempt to seal each of these corners to prevent water from accumulating in the corners. The following set forth prior art attempts to provide such corner flashing for recessed windows.
The present inventors are aware of the following two primary patents in the field of the present invention.
U.S. Pat. No. 7,735,291 issued on Jun. 15, 2010 to Gene Summy for “Corner Flashing System” (hereafter “'291 Summy Patent”);
and
U.S. Pat. No. 9,032,688 issued on May 19, 2015 to Gene Summy for “Corner Flashing System” (hereafter “'688 Summy Patent”).
The '291 Summy Patents disclose a corner flashing system for sealing the corners of recessed window frames against moisture penetration. The '921 Summy Patent has thirty-one claims of invention which are all method claims. The method claims can be groups into several subdivisions, all of which claim methods which the present inventors believe have significant drawbacks:                1. Independent claim 1 requires three (3) separate flashing members to be combined. This creates time-consuming and error plagued problems. This limitation is also present in independent claims 15, and 17. Claim 2 depends from claim 1, and claims 18 through 21 directly or indirectly depend from claim 17.        2. Independent claim 5 requires two (2) separate flashing members to be combined. While an improvement over the claim 1 subgroup, it still requires time-consuming application in the field when installing this flashing. Claims 6 through 14 directly or indirectly depend from claim 5. Independent claim 16 also requires two (2) separate flashing members.        3. Independent claim 3 uses only a single flashing but requires cutting and folding a portion of the flashing to overlap a horizontal surface of an inner frame. This requires time-consuming and error prone problems in the field.        Claim 4 depends from claim 3. Independent claim 22 has the same requirements and dependent claims 23 through 31 directly or indirectly depend from claim 22.        
The '988 Summy Patent is a conclusion of a long continuation prosecution history based on the parent '921 Patent. All of the claims are method claims
1. Independent claim 1 has the limitation “wherein a height of the rear seating flange as measured from the horizontal surface of the outer frame to a top edge of the rear seating flange is equal to a height of the vertical seating flange as measured from the horizontal surface of the outer frame to a top edge of the vertical seating flange.” Claims 2 through 8 directly or indirectly depend from claim 1.
2. Independent claim 14 has a similar limitation as described for Claim 1, and further requires four (4) flanges. Dependent claims 15 through 17 directly or indirectly depend from claim 14.
3. Independent claim 9 requires cutting a flap so that as cut, a first flap overlaps a second flap. Dependent claim 10 depends from claim 9. Independent claim 11 requires two (2) flashing members. Independent claim 12 requires two (2) flashing members. Independent claim 13 also requires two (2) flashing members.
The inventors are also aware of the following relevant patents and published patent applications:
1. U.S. Pat. No. 5,018,333 issued to Ronald Bruhm on May 28, 1991 for “Elastomeric Weather Seal Flashing and Method of Manufacture” (hereafter the “Bruhm Patent”);
2. U.S. Pat. No. 5,586,415 issued to Fred M. Fisher et al. on Dec. 24, 1996 for “Flashing Device for Use with Exterior Siding” (hereafter the “Fisher Patent”);
3, U.S. Pat. No. 6,327,820 issued to Vincenzo Picco on Dec. 11, 2001 for “Kit of Elements and a Method of Using the Kit for Flashing a Roof-Penetrating Element” (hereafter the “Picco Patent”);
4. United States Published Patent Application No. 2006/0010788 to William Nettleton on Jan. 19, 2006 for “Pre-Molded Corner Flashing For Use With Sealing Members” (hereafter the “Nettleton Published Patent Application”);
5. United States Published Patent Application No. 2006/0101726 to P. Michael Collins on May 18, 2006 for “Sill Pan Flashing For Doors and Windows” (hereafter the “Collins Published Patent Application”);
6. United States Published Patent Application No. 2007/0175107 to Barbara Kilmowicz O'Rourke on Aug. 2, 2007 for “Self-Adhered Flange for Use With Non-Flanged Windows” (hereafter the “'0175107 O'Rourke Published Patent Application”);
7. United States Published Patent Application No. 2009/0090068 to Barbara Kilmowicz O'Rourke on Apr. 9, 2009 for “Self-Adhesive Corner Flashing Member and Method for Making and Using” (hereafter the “'0090068 O'Rourke Published Patent Application”);
8. U.S. Pat. No. 8,161,689 issued to William J. Butzen on Apr. 24, 2012 for “Flashing End Dam Having Angularly Adjustable Leg” (hereafter the “Butzen Patent”);
9. U.S. Pat. No. 8,613,181 issued to Gregory L. Jay et al. on Dec. 24, 2013 for “Apparatus and Methods for Installing a Penetration in a Sheathing Assembly” (hereafter the “Jay Patent”).
The Bruhm Patent discloses a flashing primarily for a skyline structure which is different from the use of the present invention. In relevant part, this patent discloses:                “A weatherseal flashing is made from sheet vulcanized rubber and surrounds a skylight frame situate on a roof curb. The weatherseal consists of a plurality of sealedly lapping panels each embodying a relatively wide apron and an upstanding flange extending along one elongated edge of the rectangular-shaped panel. The ends of each panel flange have overlapping sealedly connected wings on their ends to provide collectively, a continuous fastener for surrounding the inner side or leg of the skylight assembly to make a co-planar seal in engagement with the combined projecting curb and the skylight frame, and the roof surface.”        
The Fisher Patent discloses a flashing device for a corner of a window in which a major portion of the flashing means is held away from contact with the structure wall and in contact with a locking means of one siding panel in an orientation that causes water to be directed along a top water diverting surface of the flashing means and through drain holes in the engagement means of an adjacent panel.
The Picco Patent discloses a kit of elements and a method of using the kit for flashing a roof-penetrating element. This is primarily designed for waterproofing the corners of a skylight. Essentially this flashing is designed to surround a skylight and is therefore configured differently than the flashing of the present invention.
The Nettleton Published Patent Application discloses: a flashing member having interior flashing portions that meet at an interior corner to conform with a corner of the rough opening of a window and a membrane flashing portion intersecting each of the interior flashing portions along separate exterior corners, the interior and exterior corners intersecting at a common point. The interior corner of the opening may be sealed by placing the molded corner flashing member in the corner and then running a strip of preferably pre-creased sealing tape or other sealing member along the periphery of the wall opening and overlapping a portion of the sealing member on both the interior flashing portion and the membrane flashing portion. The flashing is not disclosed with any cutoff so it goes beyond a first buck of a recessed window.
The Colllins Published Patent Application discloses a sill pan flashing for doors and windows with components which are different from the present invention. The patent application discloses:                “A flashing system and associated method controls water and air intrusion around the sills of windows, doors, louvers and other wall penetrations. More specifically, a sheet material is creased and folded to form a sill flashing component to control water and air intrusion. Prior to this invention, a separate pre-molded termination accessory was required to effectively seal corner areas around window and door rough openings. The invention provides for sill flashing and supplemental sealing at selected joint locations prior to installation of a closure member in the opening to prevent water and air intrusion around windows, doors and other building openings.”        
Specifically, the patent application states:                Referring to FIGS. 1A-1B, one embodiment of the components of a sill pan flashing kit 10 is shown installed along the sill 12 and adjacent lower portions of jamb members 14 in a rough opening 16 in a wall 18 intended to receive a window frame 20, door frame (not shown) or the like. The opening 16 also includes a header 22 spaced from the sill 12 and extending between the spaced jamb members 14. While the flashing kit 10 is shown and described with respect to a window frame 20 and associated opening 16, it should be readily appreciated that the kit can be utilized for other wall openings, door thresholds and the like. As such, the term sill or variations thereof is used herein without limiting the invention to exclude door thresholds or any other application.        
The '0175107 O'Rourke Published Patent Application discloses:                “An elongated flange material for forming a flange and a method for use in sealing a non-flanged window, door, or other fenestration product in a wall opening, wherein the flange material comprises at least one top coversheet and at least one bottom coversheet with a pressure-sensitive adhesive layer sandwiched between the two cover sheets, wherein the cover sheets occupy an appreciable width of the flange but do not extend across the entire width of the flange and thereby are offset with respect to each other thereby providing opposing first and second exposed surfaces of the pressures sensitive adhesive layer. Alternatively, the flange material comprises a nonporous flexible sheet with top and bottom pressure-sensitive adhesive layer on opposite sides along opposite edges of the nonporous flexible sheet.”        
This patent disclosure is primarily concentrating on chemical features of the product.
The '0090068 O'Rourke Published Patent Application discloses: The invention pertains to a self-adhesive corner-shaped flashing member for flashing a corner of a recessed window or other opening in a building and a method for making the member but is comprised of an entirely different method and has entirely different components from the present invention.
The Butzen Patent discloses a flashing end dam with many movable features which is different from the present invention. By way of example, this patent discloses:                “A flashing end dam having an angularly adjustable leg (adjustable end dam) includes a bottom leg, and adjustable rear leg, a side leg and a moveable web. The adjustable end dam is bent from a blank such that the bottom leg and the adjustable rear leg are formed, while bending a portion of the bottom leg and the adjustable rear leg to form the side leg and the moveable web. The adjustable end dam may be installed above a window opening in a masonry wall. The adjustable end dam is normally placed in a corner above and past the window opening. However, the adjustable end dam may be installed in any suitable application. If a nonparallel cavity variation exists between the structural wall and the exterior facing, the adjustable rear leg of the adjustable end dam may be bent back or forward to span the cavity.”        
The Jay Patent discloses an apparatus and method for installing a penetration in a sheathing assembly. The patent discloses:                “Apparatus and methods for installing a penetration in a sheathing assembly and building structures. An opening can be formed at least partially through a sheathing assembly that includes a body; a barrier layer; and an adhesive disposed between at least a portion of the body and the barrier layer. At least a portion of the barrier layer adjacent the opening can be peeled back to expose at least a portion of the body. A penetration can be disposed at least partially within the opening. The penetration can include a contact member that at least partially contacts the exposed body, the barrier layer, or both. The penetration can be secured to at least a portion of the sheathing assembly, and the peeled back portion of the barrier layer can be repositioned such that the barrier layer covers at least a portion of the contact member.”        
There is a significant need for an improved corner flashing insert for recessed windows which does have the drawbacks of the prior art methods discussed above.